Dipu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35612 of 2023 Arising Out of PS. Case No.-306 Year-2022 Thana- PAROO District- Muzaffarpur ====================================================== DIPU KUMAR SON OF RAM NATH MAHTO RESIDENT OF VILLAGEBHOJPATTI, PS- PAROO, DISTT- MUZAFFARPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhavesh Kumar , Advocate For the Opposite Party/s :
Mr. Umeshanand Pandit , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-09-2023 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 341 , 354, 354(B) and 506 of the Indian Penal Code.
3. On the alleged date and time of occurrence , this petitioner is alleged to have stopped the bicycle of the informant and took selfie and on objection by the informant this petitioner pushed her and fled away .
4. It is submitted that there is 19 days delay in lodging the F.I.R. for which there is no plausible explanation which itself creates doubt over the veracity of the entire prosecution . It is further submitted that earlier the brother of the informant namely Vikram Kumar and his associates have
Patna High Court CR. MISC. No.35612 of 2023(4) dt.21-09-2023 2/2 committed murderous attack upon the petitioner on 21.06.2022 for which complaint was lodged in Paroo P . S. Case No. 305 of 2022 by the petitioner. Petitioner claims clean antecedent.
5. Learned counsel for the State opposes the bail petition of the petitioner.
6. Considering the delay in lodging the FIR and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Judicial Magistrate , 1st Class, Muzaffarpur in connection with Paroo P.S. case no. 306 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Kaushik/- U T